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Independent InterventionMonitoring the police, parades and public order
T Developing monitoring For much of the 1970s and 1980s the nature of violent conflict in the north, particularly the strategies used by paramilitary groups and the forces of the state, and the relative difficulties of mobilising peaceful street protests, meant that there were limited possibilities to use monitors. The increase in peaceful protests against parades has largely been a product of the declaration of the paramilitary ceasefires. These created the space and the sense of safety to encourage people to take to the streets again. The peace process, and the support for the Good Friday Agreement, has indicated widespread commitment to the search for a peaceful resolution of conflicting rights, but has not in itself resolved the conflicts. As such, there is a need to use methods of conflict resolution, and to that end the role of monitors in public situations could become crucial. Experience in Northern Ireland since the parades disputes erupted in 1995 illustrates the often valuable role monitors can play at times of low-level public disorder. They help to illustrate how maintaining public order is a policing problem in the widest possible sense of the word. It is not just a problem for the police; rather, it is the responsibility of civil society as a whole. Each of the three categories of monitors has a specific relationship with the formal policing structures:
These practices have been developed and extended through the experiences of public disorder and political tension of the recent marching seasons and, in general, have contributed to the reduction in public violence each year since 1996. Over this time the RUC has recoguised the status of monitors and has usually facilitated them in their work. Relations between monitors and the security forces have been good and it seems that the RUC has accepted that there is a legitimate role to be played by the wide variety of groups often present. The difficulties created by low-level and recurrent violence and disruption have also led many within the wider society to adopt a pragmatic approach to dealing with the police, even while they retain a critique of the structures of the RUC. The experiences and practices we have described in earlier sections of this report therefore offer examples of how the policing of public disorder might be approached under a new police structure, and they perhaps indicate how civil society can take a greater responsibility for maintaining the peace. Until now, the development of monitoring has been ad hoc and dependent upon different interest groups. However, the Good Friday Agreement entails a range of new political structures for Northern Ireland. As well as the Assembly, these include the Human Rights Commission and the Equality Commission. The Patten commission was, at the time of writing, still examining reform of the RUC and the Parades Commission has statutory powers to make determinations on parades and demonstrations. A number of questions can be asked of the role that civil society could play in supporting the moves towards a peaceful and democratic society:
The Human Rights Commission could develop a particular interest in the activities of monitors, in particular human-rights monitors. However, it will have neither the range of powers nor the resources to undertake the range of activities currently undertaken on a voluntary basis by the CAJ (Livingstone 1999). This might well prove to be a missed opportunity. The Parades Commission already has a specific responsibility to monitor behaviour at parades and has its own network of monitors in the form of the authorised officers. However, it would also seem to be in its interest to build a better and broader working relationship with the independent monitoring groups, to gather as wide a range of information as possible on what takes place at parades. Monitors could supply an independent and informed perspective on the flow of events to the commission that is perhaps currently unavailable to it. As for the Patten commission, during its public consultations it was clear that issues of community policing and public accountability were of significant concern in many areas. Monitoring groups may well be able to feed into any new structures to improve police-community relations. However, there may be disadvantages to creating a more formal system. Many of the groups that currently act as monitors and observers can do so because of their independence from the state and because they take a critical position towards state agencies. We believe there will always be a need for such groups. Experience in other jurisdictions, such as South Africa during a period of political transition, reveals the powerful role observers and monitors can play if they remain independent but also engage more closely with the structures of a formal political process. Retaining a critical independence and engaging in conflict resolution has proved an important factor at such times and could do so in Northern Ireland as well. This is not naively to suggest that monitors are a panacea or a replacement for state agencies, political parties or other interest groups, but to acknowledge the contribution they can make under certain conditions. Whether they are allowed to make such a contribution is another matter. The experience of international monitors in Kosovo during the early months of 1999, who came under attack from Serbian forces hostile to their presence, reminds us of the need to ensure the safety of individuals engaged as monitors. It also illustrates the need for an agreement by all parties that monitors will be allowed to play their part. To date, there have been isolated instances where monitors have been regarded as unwelcome visitors at public events but in a number of cases they have felt a need to keep their presence discreet. Recommendations Monitoring has largely developed as an indep endent form of activity, organised and funded in a relatively ad hoc manner. The different styles of monitoring and the diversity of groups involved imply an equally varied range of requirements if they are to be sustained or developed. We conclude this report by indicating ways in which monitoring needs to be supported if it is to be play a full role in the future. General A number of people involved in monitoring disputed parades met in Belfast in February 1999 to discuss ideas and approaches and to explore ways of improving and extending monitoring. The seminar did not produce any specific recommendations, but a number of principles were accepted:
Human-rights monitoring To date, human-rights monitoring has focused on the policing of contentious parades and has been organised on a voluntary basis. This approach has been relatively successful, if limited in effectiveness. For example, neither the police nor any other body needs to take account of the information gathered by monitors or the analysis derived from their observations. Furthermore, monitors have no special rights to access at contentious events and may be given less access than journalists.
Community-based monitoring Some individuals working with community-based monitoring groups attended the Belfast seminar and their interests and concerns are partly incorporated in the earlier section. But communitybased monitoring also has specific issues that need to be addressed if it is to continue:
Stewarding All groups who organise parades and protests claim to provide stewards to control the people they bring on to the streets. However, stewarding has never been treated as a formal requirement, no appropriate numbers have been set down, no standards have been stipulated and no training is required.
Committee on the Administration of Justice, 45-47 Donegall Street, Belfast BT1 2FG Community Development Centre, North Belfast, 22 Cliftonville Road, Belfast BT14 6AX Human Rights Watch/Helsinki Watch, 485 Fifth Avenue, New York, NY 10017-6104, USA Independent Observer Network, 11 Ballyportery Road, Dunloy Information on Ireland Campaign, 1202-298 Jarvis Street, Toronto; M5B 2M4, Canada INNATE, 16 Ravensdene Park, Belfast BT6 ODA Irish Parades Emergency Committee, 199 Prospect Place, Fourth Floor, Brooklyn, New York 11238, USA Meath Peace Group, Parsonstown, Batterstown, Co Meath Mediation Network for Northern Ireland, 128A Great Victoria Street, Belfast BT2 7BG Pat Finucane Centre, 1 Westend Park, Derry, BT48 9JF Peace and Reconciliation Group, 18-20 Bishop Street, Derry, BT48 6PW Peace Watch Ireland, P0 Box 2543, Boston MA 02130, USA Table Campaign, Irish Missionary Union, Orwell Park, Rathgar, Dublin 6
Araldsen, H. & Thiis, OW. (1997). Manual on Human Rights Monitoring: An Introduction for Human Rights Field Officers. Oslo, Norwegian Institute of Human Rights. Ball, N. (1997). Managing Conflict: Lessons from the South African Peace Committees. Washington, Over-seas Development Council. Beigbeder, Y. (1994). International Monitoring of Plebiscites. Referenda and National Elections. Self-Determination and Transition to Democracy. Dordrecht, Martinus Nijhoff. Bryan, D., Dunn, S. & Fraser, T.G.F. (1995). Political Rituals: Loyalist Parades in Portadown. Coleraine, Centre for the Study of Conflict, University of Ulster. Burci, G.L. (1996). United Nations Peacekeeping Operations in Situations of Internal Conflict. In Sellers, M. (ed). The New World Order: Sovereignty, Human Rights and the Self-Determination of Peoples. Oxford, Berg. CAJ (1996). The Misrule of Law: A report on the policing of events during the summer of 1996 in Northern Ireland. Belfast, CAJ. CAJ (1997). Policing the Police: a report on the policing of events during the summer of 1997 in Northern Ireland. Belfast, CAJ. CAJ (1998). Public Order Policing 1998. Belfast, CAJ. Carothers, T. (1997). The Observers Observed. Journal of Democracy, Volume 8, Number 3. COMSA (Commonwealth Observer Mission to South Africa) (1993). Violence in South Africa: The report of the COMSA; Phase II: February 1993 - May 1993. London, Commonwealth Secretariat. DFID (Department for International Development) (1999). Elections and the Electoral Process:A guide to assistance. London, DFID. Ebersole, J. (1992). The United Nations Response to Requests for Assistance in Electoral Matters. Virginia Journal of International Law XXXIII. Eklit, J. & Svensson, P. (1997). What Makes Elections Free and Fair? Journal of Democracy, Volume 8, Number 3. Elliston, L. (1996). Marshal Training in South Africa September to December 1992 In Crichter, C. .& Waddington, D. (eds). Policing Public Order: Theoretical and Practical Issues. Aldershot, Avebury. English, K. & Stapleton, A. (1995). The Human Rights Handbook: A Practical Guide to Monitoring Human Rights. Colchester, Human Rights Centre, University of Essex. Field, J. (1985). Police Monitoring: The Sheffield Experience. In Fine, B. & Millar, R. (eds). Policing the Miners Strike. London, Lawrence and Wishart. Gallagher, A. (1999). United Nations Human Rights Field Operations. In Hanski, R. & Suksi, M. (eds). An Introduction to the International Protection of Human Rights. Turku/Abo, Institute for Human Rights. Garvaghy Residents (1999). Garvaghy: A Community Under Siege. Belfast, Beyond the Pale. Goodwin-Gill, G. 5. (1998). Codes of Conduct for Elections. Geneva, Inter-Parliamentary Union. Guillot, P. (1996). Human Rights, Democracy, and the Multidimensional Peace Operations of the United Nations. In Sellers, M. (ed). The New World Order: Sovereignty, Human Rights and the Self-Determination of Peoples. Oxford, Berg. Heymann, P. (1992). Towards Peaceful Protest in South Africa. Pretoria, HSRC. Human Rights Watch/Helsinki (1997). To Serve Without Favour: Policing, Human Rights and Accountability in Northern Ireland. New York, Human Rights Watch. INNATE (1992). Observing -. a third party non-violent response. Belfast, INNATE. Institute for Democracy and Electoral Assistance (1995). Code of Conduct for the Ethical and Professional Observation of Elections. Stockholm, IDEA. Jarman, N. (1997a). Material Conflicts: Parades and Visual Displays in Northern Ireland. Oxford, Berg. Jarman, N. (1997b). On The Edge: Community Perspectives on the Civil Disturbances in North Belfast, June-September 1996. Belfast, CDC. Jarman, N. (1999). Drawing Back from the Edge: Community Based Responses to Violence in North Belfast. Belfast, CDC. Jarman, N. (in press). Leave it to the Boys: Community Policing and Public Order. Irish Journal of Sociology. Jarman, N. & Bryan, D. (1996). Parade and Protest: A Discussion of Parading Disputes in Northern Ireland. Coleraine, Centre for the Study of Conflict, University of Ulster. Jarman, N., Bryan, D., Caleyron, N. & De Rosa, C. (1998). Politics in Public: Freedom of Assembly and the Right to Protest - A Comparative Analysis. Belfast, Democratic Dialogue. Jarman, N. & Bryan, D. (1998). From Riots to Rights: Nationalist Parades in the North of Ireland. Coleraine, Centre for the Study of Conflict, University of Ulster. Jeffrey, A. (1991). Riot Policing in Perspective. Johannesburg, Institute of Race Relations. Kelly, G. (ed) (1998). Mediation in Practice: A Report on the Art of Mediation Project. Derry, Incore. Livingstone, S. (1999). The Northern Ireland Human Rights Commission. Fordham International Law Journal Volume 22, No 4. McPhail, C., & McCarthy, J. (1998). The Institutionalisation of Protest in the USA. In Meyer, D. & Tarrow, S. (eds). The Social Movement Society: Contentious Politics for a New Century. New York, Rowland and Littlefield. McPhail, C., Schweingruber, D. & McCarthy, J. (1998). Policing Protest in the USA: 1960-1995. In della Porta, D. and Reiter, H. (eds). Policing Protest: The Control of Mass Demonstrations in Western Democracies. Minnesota, University of Minnesota Press. National Democratic Institute (1995). How Domestic Organisations Monitor Elections: An A to Z Guide. Washington, NDI. Nevitte, N. & Canton, 5. (1997). The Role of Domestic Observers. Journal of Democracy, Volume 8, Number 3. OSCE/ODIHR (Organisation for Security and Co-operation in Europe/Organisation for Democratic Institutions and Human Rights) (1998). Election Observation Handbook. Warsaw, ODIHR. Pat Finucane Centre (1995). One Day in August. Derry, PFC. Pat Finucane Centre (1996). In the Line of Fire: Derry July 1996. Derry, PFC. Pat Finucane Centre (1997). For God and Ulster: an alternative guide to the loyal orders. Derry, PFC. Peace Watch Ireland (1997). Looking into the Abyss: Witnesses Report from Garvaghy Road, Portadown, July 4-6, 1997. Boston, Peace Watch Ireland. Storey, D. (1998). From Anarchy to Chaos. Paper given at A Problem Shared: Civil Rights and Parades in an International Context. Belfast, 3 March 1998. Storey, D. (nd) Reaching Agreement on Sharpeville Day Commemorations in the Kathorus area, 21 March 1993. Case Study to accompany video The Peacemakers. UNOHCHR (United Nations Office of the High Commissioner for Human Rights) (1998) Manual on Human Rights Monitoring. Geneva, OHCHR. Watson, J. (1991). Observing the sons and daughters of Ulster. Dawn Train No 10. Wits-Vaal Peace Secretariat (1993). Monitor Training Course: Trainer Manual. Johannesburg, WVPS.
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